Labour in post‐colonial India: A response to Jan Breman

Resuming the debate with Breman about debt bondage in post‐Independence India, this reply to his two‐part survey explores the fact of and the reasons for continuing disagreements about the capital/unfreedom link in general, and in particular the connection between accumulation, the decommodification of labour‐power, the enforcement of debt‐servicing labour obligations, the presence/absence of coercion, and worker agency. Also considered is the analytical efficacy of using a depoliticized concept of worker ‘assertiveness'; the mere existence of the latter, it is argued here, is neither a defining criterion of proletarianization, nor an indicator of rising levels of class consciousness, and thus not as empowering as claimed.     

The “quiet revolution” in criminal defence: how the zealous advocate slipped into the shadow

The criminal defence lawyer has been an integral component of adversarial criminal justice in England and Wales for nearly three centuries. However, over the last two decades this essential role has changed substantially, affected by a changing culture in the law and procedure governing criminal justice in this jurisdiction. This article argues that the criminal defence role has been pulled away from its traditional adversarial roots through a process of subtle and gradual change, pursued by the Government and the Judiciary. The article outlines a normative framework, entitled the ‘zealous advocate’ model, describing the ‘traditional’ role of the criminal defence lawyer; discusses ethical conflict and its growing significance; and examines how legislation, case law and funding have gradually moved the defence lawyer away from a ‘client-first’ style of representation. It concludes by considering the potentially significant implications of such a change in the role for both fair trial rights and adversarialism in England and Wales.     

Regulatory Failure and the Collapse of Japan's Home Mortgage Lending Industry: A Legal and Economic Analysis

This article analyzes the dynamics of contemporary cooperation and conflict in Japanese financial regulation through the prism of the "jusen problem," the collapse of Japan's home mortgage lending industry in the 1990s. The jusen problem is one of the most striking examples of regulatory failure, strategic interest group bargaining, and large-scale dispute resolution in Japanese history.